Compassionate appointment can be given in a case of presumed death.

(Prayer: Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to memo 25025/Pa.P(Ni)3/PTC/96, dated 10.01.1997 on the file of the second respondent and quash the same directing the first and second respondent to give the petitioner all outstanding benefits due to the family of the deceased Muthukumaravelu and to one of the petitioner’s son M.Rajesh, a suitable job in the second respondent Corporation according to his qualification.)

Prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records relating to memo 25025/Pa.P(Ni)3/PTC/96, dated 10.01.1997 on the file of the second respondent and quash the same directing the first and second respondent to give the petitioner all outstanding benefits due to the family of the deceased Muthukumaravelu and a suitable job to one of the petitioner’s son M.Rajesh, in the second respondent Corporation according to his qualification.

2. The brief facts necessary for the disposal of the writ petition as stated in the affidavit is that the petitioner is the wife of R.Muthukumaravelu, who has put in 30 years of service and he was found missing since 18.05.1987. At that time, he was working as Time Keeper / Checking Inspector (Staff No.TK/CI.1028). She gave a police complaint about the missing of her husband in P.3.Police Station, Ottery. The police has also issued a Certificate on 17.09.1988, stating that man missing case registered in Cr.No.490/87 was investigated, and in spite of taking efforts, he could not be traced and there is no clue to trace him.

3. The petitioner is the wife of the said Muthukumaravelu and the following are the sons and daughters of the petitioner and the said Muthukumaravelu

S.No. - Name of the persons - Age - Relationship

1. Thiru.Mohankumar 22 years Son/unmarried

2. Tmt.Rajathi 20 years Daughter/married

3. Selvan.Muralikumar 16 years Son/Minor

4. Selvan Rajesh 12 years Son/Minor

5. Selvan Rameshkannan 10 years Son/Minor

4. In.G.O.Ms.478, Finance (Pension) Department, dated 04.06.1987, the Government ordered that under Section 108 of the Indian Evidence Act, the dependants of the person who are presumed to be dead, are entitled to all terminal benefits, including pension, although he died in harness.

" 3. Government have carefully examined the decision of the Government of India and have decided to extend similar benefits to Tamil Nadu Government Servants including the staff of local bodies and aided educational institutions. They accordingly direct that:

i) When an employee disappeared having his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of General Provident Fund, having regard to the nomination made by the employee.

ii) After the elapse of a period of one year, other benefits both Death-cum-Retirement gratuity/Family pension may also be granted to the family.

4. The above benefits may be sanctioned by the administrative department of Secretariat after observing the following formalities;

i) The family must ledge a report with the concerned police station and obtain a report that the employee has not been traced after all efforts had been made by the police.

ii) An Indemnity Bond should be taken from the nominee/dependants of the employees that all payments will be adjusted against the payments due to the employee in case he appears on the secure and makes any claim.

5. The Government also direct that in case the disbursement Death-cum-Retirement Gratuity is not effected within 3 months from the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed."

According to the petitioner, she is entitled to get Provident Fund, Gratuity, Death-cum-Retirement Gratuity and Family Pension as per the said Government Order. Apart from that a lumpsum amount is also payable under G.O.Ms.48, Finance (Pension) Departmen